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039 of 2009 - approving a holiday, vacation and leave accrual plan for all non-represented employees. . 0 09-1 0 09-22 SALT LAKE CITY ORDINANCE No. 39 of 2009 (Approving Holiday, Vacation and Leave Accrual Plan for All non-represented Employees of Salt Lake City) AN ORDINANCE APPROVING A HOLIDAY, VACATION AND LEAVE ACCRUAL PLAN FOR ALL NON-REPRESENTED EMPLOYEES OF SALT LAKE CITY. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. PURPOSE. The purpose of this Ordinance is to approve the attached Holiday, Vacation and Leave Accrual Plan for all non-represented Salt Lake City employees. Three copies of said Holiday, Vacation and Leave Accrual Plan shall be maintained in the City Recorder's Office for public inspection. SECTION 2. APPLICATION. The Holiday, Vacation and Leave Accrual Plan shall not apply to employees whose employment terminated prior to the effective date of this Ordinance. SECTION 3. EFFECTIVE DATE. This Ordinance shall be deemed effective on July 1, 2009. Passed by the City Council of Salt Lake City, Utah, this 16th day of .Tune , 2009. C AIRPERS ATTEST: i j, C Y RECORDER r ' R^f=.4(UK____1144.:f_ 0 AoRtTv vi Transmitted to the Mayor on 6-16-09 • Mayor's Action: / Approved. Vetoed. /4/i MAYO', ATTEST: CITY RECORDER $p'44,N\ A BC 41 .F�F. __ y,1r N 1 J �� �pORATEsw I. Bill No. 39 of 2009. Published: 7-1-09 APPROVED AS TO FORM Soft Lake City Aflame s Office Dote r" 7 2 PROPOSED ORDINANCE (4/28/09) "HOLIDAY, VACATION & LEAVE ACCRUAL" This ordinance shall apply to all City employees not otherwise represented by a recognized collective bargaining unit and not covered by the provisions of an applicable memorandum of understanding. HOLIDAYS Full-Time employees shall receive holidays and vacation as provided in this section. Employees do not earn or receive holiday and vacation benefits while on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of such leave benefits, as provided by federal laws, regulations and city ordinance. A. The following days shall be recognized and observed as holidays for Full- Time employees covered by this plan. Such Full-Time employees shall receive their regular rate of pay for each of the unworked holidays. Regular Part-time"700 Series" employees shall receive four hours of pay at their regular rate of pay for each of the unworked holidays: I. New Year's Day, the first day of January. 2. Martin Luther King, Jr. Day, the third Monday of January. 3. President's Day, the third Monday in February. 4. Memorial Day, the last Monday of May. 5. Independence Day, the fourth day of July. 6. Pioneer Day, the twenty-fourth day of July. 7. Labor Day, the first Monday in September. 8. Columbus Day, the second Monday of October(only for eligible employees assigned to the Justice Court Division) 8. Veteran's Day, the eleventh day of November. 9 Thanksgiving Day, the fourth Thursday in November. 10. The Friday after Thanksgiving Day (floating holiday, see explanation below). 11. Christmas Day, the twenty-fifth day of December. 12. One personal holiday, taken upon request of the employee and at the discretion of the supervisor. B. When any holiday listed above falls on a Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding business day shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the Mayor and/or the City Council. C. No Full-time employee shall receive in excess of one day of holiday pay for a single holiday. No regular part-time"700 Series" employee shall receive in excess of four hours of holiday pay for a single holiday. Employees must work or be on authorized leave their last scheduled working day before and the next working day following the holiday to qualify for holiday pay. D. Holiday Exception: Employees may observe the following holidays up to 50 days prior to the actual holiday, with prior management approval: 1) the Friday after Thanksgiving Day (for all eligible employees except for those assigned to the Justice Court Division); and, 2) Columbus Day (only for eligible employees assigned to the Justice Court Division). E. Police Lieutenant & Captain: Employees classified as "800 Series"Police Lieutenants and Captains who retire or separate from City employment for any reason shall be compensated for any holiday time accrued and unused during the preceding 12 months. Employees shall not be compensated for any unused holiday time accrued before the 12 months preceding the employee's retirement or separation. II. VACATION LEAVE A. Full-Time employees shall be entitled to receive their regular salaries during vacation periods earned and taken in accordance with the following provisions. No employee shall be entitled to use any vacation unless the employee has successfully completed his or her initial probationary period. B. Except for"900 Series" Fire Battalion Chiefs and those listed in Paragraph C of this section, Full-Time employees and Appointed employees shall accrue vacation leave based upon years of City Service as follows: Years Hours of Vacation Accrued of Per Biweekly City Service Pay Period 0 to end of year 3 3.08 4 to 6 3.69 7 to 9 4.62 10 to 12 5.54 13 to 15 6.15 16to 19 6.77 20 or more 7.69 C. For Department Directors, the Mayor's Chief of Staff, up to two additional senior positions in the Mayor's Office as specified by the Mayor, the Executive Director of the City Council, and the Director of the Redevelopment Agency, the following schedule shall apply: Years Hours of Vacation Accrued of Per Biweekly City Service Pay Period 0 to end of year 14 6.15 15 or more 7.69 D. "900 Series" Fire Battalion Chiefs in the Operations Division of the Fire Department shall accrue vacation leave according to the following schedule: Years Shifts of vacation per year of for Operations Fire City Service Employees 0 to end of year 3 5 4to6 6 7 to 9 7.5 10 to 12 9 13 to 14 10 15 to 19 11 20 or more 12.5 E. For any plan year in which there are 27 pay periods, no vacation leave hours will be awarded on the 27`h pay period. F. Years of City Service shall be based on the most recent date the person became a Full-Time salaried employee. G. Regular full-time and regular part time employees re-hired by Salt Lake City are eligible to receive up to three years of prior service credit for vacation and personal leave accrual. H. Full-Time and Appointed employees (except those listed in Paragraph C of this section)may accumulate vacations, according to the length of their full-time years of City Service up to the following maximum limits: Up to and including 9 years Up to 30 days/ 15 shifts/ 240 hours After 9 years Up to 35 days/ 17.5 shifts/280 hours After 14 years Up to 40 days/ 20 shifts/ 320 hours "Days," herein, means "8-hour" days. "Shifts,"herein, means "24 hour" combat shifts. I. Department Directors and those included in Paragraph C of this section may accumulate up to 320 hours of vacation without regard to their years of employment with the City. J. Any vacation accrued beyond said maximums shall be deemed forfeited unless utilized prior to the end of the calendar year in which the maximum has been accrued. However, in the case of an employee returning from an unpaid military leave of absence, related provisions under city ordinance shall apply. K. Vacation Allowance: The Mayor or the City Council may, as a recruiting incentive, provide an allowance of up to 120 hours of vacation leave, if it would be in the City's best interest to do so. III. SICK AND OTHER RELATED LEAVE OR PERSONAL LEAVE A. Benefits in this section are for the purpose of continuing income to employees during absence due to illness, accident or personal reasons. Some of these absences may qualify under the Family and Medical Leave Act (FMLA). The City requires all employees using FMLA leave to exhaust their paid leave allotments for FMLA-qualifying events prior to taking FMLA leave unpaid. Employees are not eligible to earn or receive leave benefits while on unpaid leave of absence. However, employees on an unpaid military leave of absence may be entitled to the restoration of such leave benefits, as provided by city ordinance. B. Employees hired on or after November 16, 1997 shall receive personal leave benefits under Plan B. All other employees shall participate in the plan they participated in on November 15, 1997. C. Employees who were hired on or before November 16, 1997, shall participate in Plan B if they so elected during any City-established election period occurring after 1997. D. Plan "A" 1. Sick Leave a. Sick leave shall be provided for Full-Time employees under this Plan '`A" as insurance against loss of income when an employee is unable to perform assigned duties because of illness or injury. The Mayor may establish rules governing the interfacing of sick leave and Workers' Compensation benefits and avoiding, to the extent allowable by law, duplicative payments. b. Employees with Plan A accumulated sick leave hours as of 6/30/2009 will be capped and no additional hours will accrue under this Plan. All accrued hours as of this date will also be capped at a value calculated using the employees base hourly rate as of 6/30/2009. Any sick hours used after 6/30/2009 will be deducted hour for hour from an employee's accrued sick leave balance as of 6/30/2009. c. Employees covered by this plan shall have an open window from 5/8/09 through 6/5/09 to transfer to the Personal Leave Plan B. Employees who transfer will be granted the maximum number of personal leave hours, beginning at the start of the next personal leave plan year. d. Under this Plan "A," Full-Time employees who have accumulated 240 hours of sick leave may choose to convert up to 64 hours of the sick leave earned and unused during any given year to vacation. Any sick leave used during the calendar year reduces the allowable conversion by an equal amount. e. Conversion at the maximum allowable hours will be made unless the employee elects otherwise. Any election by an employee for no conversion, or to convert less than the maximum allowable sick leave hours to vacation time, must be made by notifying his or her Personnel/Payroll Administrator, in writing, not later than the second payperiod of the new calendar year. Otherwise, the opportunity to waive conversion or elect conversion other than the maximum allowable amount shall be deemed waived for that calendar year. In no event shall sick leave days be converted from other than the current year's sick leave allocation. f. Any sick leave hours, properly converted to vacation benefits as above described, shall be taken prior to any other vacation hours to which the employee is entitled; provided, however, that in no event shall an employee be entitled to any pay or compensation upon an employee's separation for any sick leave converted to vacation. Any sick leave converted to vacation remaining unused at the date of separation shall be forfeited by the employee. 2. Hospitalization Leave a. Hospitalization leave shall be provided for Full-Time employees under this Plan "A," in addition to sick leave authorized hereunder, as insurance against loss of income when employees are unable to perform assigned duties because of scheduled surgical procedures, urgent medical treatment, or hospital inpatient admission. b. Employees shall be entitled to 30 days of hospitalization leave each calendar year. Hospitalization leave shall not accumulate from year to year. Employees may not convert hospitalization leave to vacation or any other leave, nor may they convert hospitalization leave to any additional benefit at time of retirement. c. Employees who are unable to perform their duties during a shift due to preparations (such as fasting, rest, or ingestion of medicine), for a scheduled surgical procedure, may report the absence from the affected shift as hospitalization leave, with the prior approval of their division head or supervisor. d. Employees who must receive urgent medical treatment at a hospital, emergency room, or acute care facility, and who are unable to perform their duties during a shift due to urgent medical treatment, may report the absence from the affected shift as hospitalization leave. The employee is responsible to report the receipt of urgent medical treatment to the employee's Division head or supervisor as soon as practical. For purposes of use of hospitalization leave, urgent medical treatment includes at-home care directed by a physician immediately after the urgent medical treatment and within the affected shift. e. Employees who are admitted as an inpatient to a hospital for medical treatment, so they are unable to perform their duties, may report the absence from duty while in the hospital as hospitalization leave. f. Medical treatment consisting exclusively or primarily of post-injury rehabilitation or therapy treatment, whether conducted in a hospital or other medical facility, shall not be counted as hospitalization leave. g. An employee requesting hospitalization leave under this section may be required to provide verification of treatment or care from a competent medical practitioner. 3. Dependent Leave a. Under Plan "A," dependent leave may be requested by a Full-Time employee covered by this Compensation Plan for the following reasons: 1) Becoming a parent through birth or adoption of a child or children. 2) Placement of a foster child in the employee's home. 3) Due to the care of the employee's child, spouse, spouse's child, adult designee (as defined in Paragraph H. below), adult designee's unmarried child under age 26, or parent with a serious health condition. "Adult Designee" shall mean any individual with whom an eligible employee has a long term committed relationship of mutual caring and support. The adult designee must have resided in the same household with the eligible employee for at least the past 12 consecutive months, and must have common financial obligations with the employee. The adult designee and the employee must be jointly responsible for each other's welfare. Adult designees and adult designees' children are not covered by FMLA. b. Under Plan "A," dependent leave may also be requested by a Full- Time employee to care for an employee's child, spouse, spouse's child, adult designee (as defined in Paragraph H. below), adult designee's unmarried child under age 26, or a parent who is ill or injured but who does not have a serious health condition. c. The following provisions apply to the use of dependent leave by a Full-Time employee: 1) Dependent leave may be granted with pay on a straight time basis. 2) If the employee has available unused sick leave,the employee shall be entitled to use as dependent leave such unused sick leave. 3) The employee shall give notice of the need to take dependent leave and the expected duration of such leave to to his or her supervisor as soon as possible under the circumstances. 4) The employee shall provide, upon request of the supervisor, certification of birth or evidence of a child placement for adoption, or a letter from the attending physician in the event of hospitalization, injury or illness of a child, spouse, spouse's child, adult designee, adult designee's child, or parent within five calendar days following termination of such leave. 5) An employee's sick leave shall be reduced by the number of hours taken by an employee as dependent leave under this paragraph provided, however, that up to 40 hours of dependent leave used during the calendar year will not affect the sick leave conversion options as outlined in paragraph XI.E.I.c. 6) Probationary employees are not eligible for dependent leave. 4. Career Incentive Leave, Plan "A." Full-Time employees, who have been in continuous Full-Time employment with the City for more than 20 years, and who have accumulated to their credit 1500 or more sick leave hours, may make a one-time election to convert up to 160 hours of sick leave into 80 hours of paid Career Incentive Leave. Career Incentive Leave must be taken prior to retirement. Sick leave hours converted to Career Incentive Leave will not be eligible for a cash payout upon termination or retirement even though the employee has unused Career Incentive Leave hours available. This leave can be used for any reason. Requests for Career Incentive Leave must be submitted in writing to the Department Director and be approved subject to the department's business needs (e.g., work schedules and workloads). 5. Retirement Benefit, Plan "A." a. Persons who retire under the eligibility requirements of the Utah State Retirement System will be paid in cash at their base hourly rate as of 6/30/09 for 25% of their accumulated sick leave hours. b. In lieu of the above, Full-Time employees may elect to convert 50% of the sick leave hours provided above to pay for health insurance premiums. Those hours will be calculated at the employee's base hourly rate as of 6/30/09. The sick leave hours converted to a dollar allowance shall be subject to any state and federal income and social security tax withholding required by law. Upon an issuance of payment to an employee, the employee shall endorse the payment to the City, which is to be held in a non-interest bearing account from which the City will pay the insurance carrier until the account balance is exhausted. This provision shall not act to reinstate an employee with sick leave benefits which were in any respect lost, used, or forfeited prior to the effective date of this plan. E. Plan `B" 1. The benefit Plan Year of Plan `B"begins in each calendar year on the first day of the pay-period that includes November 15. Under this Plan "B,"paid personal leave shall be provided for employees as insurance against loss of income when an employee needs to be absent from work because of illness or injury, to care for a dependent, or for any other emergency or personal reason. Where the leave is not related to the employee's own illness or disability—or an event that qualifies under the FMLA—a personal leave request is subject to supervisory approval based on the operational requirements of the City and any policies regarding the use of such leave adopted by the department in which the employee works. 2. Each Full-Time employee under this Plan "B" shall be awarded, at the beginning of the second pay period of November in each calendar year, personal leave hours based on the following schedule: Months of Consecutive Hours of City Service Personal Leave Less than 6 40 Less than 24 60 24 or more 80 Employees hired during the plan year will be provided paid personal leave on a pro-rated basis. 3. Not later than October 31st in each calendar year, employees covered by Plan "B" may elect,by notifying their Personnel/Payroll Administrator in writing, to: a. Convert any unused personal leave hours available at the end of the first pay period of November to a lump sum payment equal to the following: For each converted hour, the employee shall be paid 50 percent of the employee's hourly base wage rate in effect on date of conversion. In no event shall total pay hereunder exceed 40 hours of pay, or b. Carryover to the next calendar year up to 80 unused personal leave hours, or c. Convert a portion of unused personal leave hours, to a lump sum payment as provided in subparagraph (a) above and carry over a portion as provided in subparagraph (b) above. 4. Maximum Accrual. A maximum of 80 hours of personal leave may be carried over to the next plan year. Any personal leave hours unused at the end of the plan year in excess of 80 shall be converted to a lump sum payment as provided in subparagraph 3.a above. 5. Termination Benefits. At termination of employment for any reason, accumulated unused personal leave hours, minus any adjustment necessary after calculating the"prorated amount," shall be paid to the employee at 50 percent of the hourly base wage rate on date of termination for each unused hour. For purposes of this paragraph XI.F.5, "prorated amount" shall mean the amount of personal leave credited at the beginning of the plan year, multiplied by the ratio of the number of months worked in the plan year(rounded to the end of the month which includes the separation date) to 12 months. If the employee, at the time of separation, has used personal leave in excess of the prorated amount, the value of the excess amount shall be reimbursed to the City and may be deducted from the employee's paycheck. 6. Conditions on Use of Personal Leave are: a. Minimum use of personal leave is one hour, with supervisory approval. b. Except in unforseen circumstances, such as emergencies or the employees' inability to work due to their illness or accident, or an unforseen FMLA-qualifying event, the employees must provide their supervisors with prior notice to allow time for the supervisors to make arrangements necessary to cover the employees' work. c. For leave due to unforseen circumstances, the employees must give their supervisors as much prior notice as possible. 7. Career Enhancement Leave, Plan "B." A Full-Time employee covered under this Plan `B" is eligible, after 15 years of full time service with the City, to be selected to receive up to two weeks of career enhancement leave. This one-time leave benefit could be used for formal training, informal course of study,job-related travel, internship, mentoring or other activity that could be of benefit to the City and the employee's career development. Selected employees shall receive their full regular salary during the leave. Request for this leave must be submitted in writing to the appropriate department head, stating the purpose of the request and how the leave is intended to benefit the City. The request must be approved by the department head and by the Human Resources Director (who will review the request for compliance with the guidelines outlined here). 8. Retirement/Layoff(RL) Benefit, Plan "B" a. Full-Time employees currently covered under Plan "B" who were hired before November 16, 1997, and who elected to be covered under Plan `B," shall have a retirement/layoff(RL) account equal to sixty percent of their accumulated unused sick leave hours available on November 16, 1997, minus any hours withdrawn from that account since it was established. b. Full-Time employees who were hired before November 16, 1997 and who elected in 1998 to be covered under Plan "B," shall have a retirement/layoff(RL) account equal to fifty percent of their accumulated unused sick leave hours available on November 14, 1998, minus any hours withdrawn after the account is established. c. Full-Time employees who were hired before November 16, 1997 and who elected in 2007 or later during any period designated by the City to be covered under Plan "B," shall have a retirement /layoff(RL) account equal to forty percent of their accumulated unused sick leave hours available on the date that Plan B participation began, minus any hours withdrawn after the account is established. d. Payment of the RL Account. 1) All of the hours in the RL account shall be payable to an employee only upon retirement or as a result of layoff. Hours shall be paid according to the employee's hourly rate of pay in effect on June 27, 2009. 2) In the case of retirement only, in lieu of the above, Full-Time employees may elect to convert the RL account payment as provided herein to pay for health insurance premiums. Such payment shall be subject to any state and federal income and social security tax withholding required by law. An employee's available RL account balance, computed by the hours therein times the base salary rate in effect on June 27, 2009, determines the number of months of medical and surgical coverage that may be purchased. The purchase is made on a monthly basis, which shall be computed on a monthly basis of charges against the account balance. If insurance costs increase, the number of months of coverage will decrease. e. Hours may be withdrawn from the RL account for emergencies after personal leave hours are exhausted, and with approval of the employee's supervisor. RL account hours may also be used as a supplement to Workers' Compensation benefits which, when added to the employee's Workers' Compensation benefits, equals the employee's regular net salary. The employee must make an election in writing to the Director of Management Services to use RL account hours to supplement Workers' Compensation benefits. 9. Short-Term Disability Insurance, Plan "B." Protection against loss of income when an employee is absent from work due to short-term disability shall be provided to Full-Time employees covered under Plan "B" through short-term disability insurance (SDI). There shall be no cost to the employee for SDI. SDI shall be administered in accordance with the terms determined by the City. As one of the conditions for receiving SDI, the employee may be required to submit to a medical examination by a medical provider of the City's choosing. IV. BEREAVEMENT LEAVE A. Time off with pay will be granted to an employee who suffers the loss of a wife, husband, child, mother, father,brother, sister, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandfather, step-grandfather, grandmother, step-grandmother, grandchild, or step grandchild, stepchild, stepmother, stepfather, stepbrother or stepsister, grandfather-in-law, grandmother-in-law, or adult designee or adult designee's relative as if the adult designee were the employee's spouse. In the event of death in any of these instances, the employee will be paid his/her regular base pay for scheduled work time from the date of death through the day of the funeral or memorial service, not to exceed five working days. The employee will be permitted one additional day of funeral leave on the day following the funeral or memorial service if: such service is held more than 150 miles distance from Salt Lake City; the employee attends the service; and the day following the service is a regular work shift. 1. In the event of death of a relative other than those enumerated in paragraph A above, an employee shall be paid for time off from scheduled working hours while attending the memorial services for such person, not to exceed one work shift. 2. In the event of death of friends, an employee may be allowed to use vacation or personal leave for time off to attend the funeral or memorial service for such person, subject to the approval of his/her immediate supervisor. 3. In the event of death of any covered family member while an employee is on vacation, the employee's vacation shall be extended by the amount of time authorized as bereavement leave under this subsection. V. MILITARY LEAVE JURY DUTY A. Leave of absence for employees who enter uniformed service. An employee who enters the service of a uniformed services of the United States, including the United States Army, United States Navy, United States Marine Corps, United States Air Force, commissioned Corps of the National Oceanic and Atmospheric Administration, United States Coast Guard, or the commissioned corps of the Public Health Service, shall be entitled to be absent from his or her duties and service from the City, without pay, as required by state and federal law. Said leave shall be granted for no more than five cumulative years, consistent with the federal Uniform Services Employment and Reemployment Act. B. Leave while on duty with the armed forces or Utah National Guard. Employees covered by this Plan who are or who shall become members of the reserves of a federal armed forces, including United States Army, United States Navy, United States Marine Corps, United States Air Force, and the United States Coast Guard, or any unit of the Utah National Guard, shall be allowed full pay for all time not in excess of 11 working days per calendar year spent on duty with such agencies. This leave shall be in addition to the annual vacation leave with pay. To qualify, employees claiming the benefit under this provision shall provide documentation to the City demonstrating duty with such agencies. To qualify, duty herein need not be consecutive days of service. VI. JURY LEAVE A. An employee shall be released from duty with full pay when, in obedience to a subpoena or direction by proper authority, the employee is required to either serve on a jury or appear as a witness as part of their position for the federal government, state of Utah, or other political subdivision. I. Employees shall be entitled to receive and retain statutory juror's fees paid for jury service in the State and Federal Courts. 2. On any day that an employee is required to report for jury service and is thereafter excused from such service during his or her regular working hours from the City, he or she shall forthwith return to and carry on his or her regular City employment. Employees who fail to return to work after being excused from jury service for the day shall be subject to discipline. VII. INJURY LEAVE A. The City shall establish rules governing the administration of an injury leave program for employees of the Operations Division of the Department of Airports who are required to carry firearms as part of their jobs, under the following qualifications and restrictions: 1. The disability must have resulted from an injury arising out of the discharge of official duties and/or while exercising some form of necessary job related activity as determined by the City; 2. The employee must be unable to return to work due to the injury as verified by a medical provider acceptable to the City; 3. The leave benefit shall not exceed the value of the employee's net salary during the period of absence due to the injury, less all amounts paid or credited to the employee as Workers' Compensation, Social Security, long-term disability or retirement benefits, or any form of governmental relief whatsoever; 4. The value of benefits provided to employees under this injury leave program shall not exceed the total of$5,000 per employee per injury; unless approved in writing by the employee's Department Head after receiving an acceptable treatment plan and consulting with the City's Risk Manager; 5. The City's Risk Manager shall be principally responsible for the review of injury leave claims provided that appeals from the decision of the City's Risk Manager may be reviewed by the Chief Administrative Officer who may make recommendations to the Mayor for final decisions; 6. If an employee is eligible for Workers' Compensation as provided by law; and is not receiving injury leave pursuant to this provision, said employee may elect in writing to the Director of Management Services to use either accumulated sick leave or hours from the RL account, if applicable, and authorized vacation time to supplement Workers' Compensation so that the employee is receiving the employee's regular net salary. VIII. ADDITIONAL LEAVES OF ABSENCE Additional unpaid leaves of absence may be requested in writing and granted to an employee at the discretion of the Department Director.